Judicial Review
Judicial Review
This chapter assesses whether judicial review of legislation is compatible with political equality. Judicial review typically involves the right of some group of judges—often with very distant, if any, electoral authorization—to overturn acts of elected legislative authorities. In empowering the unelected over the elected, many lawyers, philosophers, and ordinary citizens believe that such review is undemocratic. The chapter argues that a well-designed system of judicial review could be compatible with political equality, despite the institutional inequalities it involves, if such review reliably promotes the consideration of citizens' judgments that would otherwise be neglected by the legislative process. Notably, this is not an argument that judicial review is justified because it protects individual rights from democratic abuse. It is an argument that judicial review is justified because it contributes to a regime that as a whole better instantiates political equality than would a regime without such review. However, the systems of judicial review in place in the United States and elsewhere likely require reform if they are to meet this standard.
Keywords: judicial review, political equality, judges, legislative authorities, institutional inequalities, citizens
Princeton Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.